56378 Federal Register / Vol. 71, No. 187 / Wednesday, September 27, 2006 / Rules and Regulations 

22, 2001). This final rule does not 

contain any information collections 

subject to OMB approval under the 

Paperwork Reduction Act (PRA), 44 

U.S.C. 3501 et seq., or impose any 

enforceable duty or contain any 

unfunded mandate as described under 

Title II of the Unfunded Mandates 

Reform Act of 1995 (UMRA) (Public 

Law 104–4). Nor does it require any 

special considerations under Executive 

Order 12898, entitled Federal Actions to 

Address Environmental Justice in 

Minority Populations and Low-Income 

Populations (59 FR 7629, February 16, 

1994); or OMB review or any Agency 

action under Executive Order 13045, 

entitled Protection of Children from 

Environmental Health Risks and Safety 

Risks (62 FR 19885, April 23, 1997). 

This action does not involve any 

technical standards that would require 

Agency consideration of voluntary 

consensus standards pursuant to section 

12(d) of the National Technology 

Transfer and Advancement Act of 1995 

(NTTAA), Public Law 104–113, section 

12(d) (15 U.S.C. 272 note). Since 

tolerances and exemptions that are 

established on the basis of a petition 

under section 408(d) of FFDCA, such as 

the tolerance in this final rule, do not 

require the issuance of a proposed rule, 

the requirements of the Regulatory 

Flexibility Act (RFA) (5 U.S.C. 601 et 

seq.) do not apply. In addition, the 

Agency has determined that this action 

will not have a substantial direct effect 

on States, on the relationship between 

the national government and the States, 

or on the distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132, entitled 

Federalism (64 FR 43255, August 10, 

1999). Executive Order 13132 requires 

EPA to develop an accountable process 

to ensure ‘‘meaningful and timely input 

by State and local officials in the 

development of regulatory policies that 

have federalism implications.’’ ‘‘Policies 

that have federalism implications’’ is 

defined in the Executive order to 

include regulations that have 

‘‘substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government.’’ This final rule 

directly regulates growers, food 

processors, food handlers and food 

retailers, not States. This action does not 

alter the relationships or distribution of 

power and responsibilities established 

by Congress in the preemption 

provisions of section 408(n)(4) of 

FFDCA. For these same reasons, the 

Agency has determined that this rule 

does not have any ‘‘tribal implications’’

as described in Executive Order 13175, 

entitled Consultation and Coordination 

with Indian Tribal Governments (65 FR 

67249, November 6, 2000). Executive 

Order 13175, requires EPA to develop 

an accountable process to ensure 

‘‘meaningful and timely input by tribal 

officials in the development of 

regulatory policies that have tribal 

implications.’’ ‘‘Policies that have tribal 

implications’’ is defined in the 

Executive order to include regulations 

that have ‘‘substantial direct effects on 

one or more Indian tribes, on the 

relationship between the Federal 

Government and the Indian tribes, or on 

the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes.’’ This 

rule will not have substantial direct 

effects on tribal governments, on the 

relationship between the Federal 

Government and Indian tribes, or on the 

distribution of power and 

responsibilities between the Federal 

Government and Indian tribes, as 

specified in Executive Order 13175. 

Thus, Executive Order 13175 does not 

apply to this rule. 

VII. Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this rule and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of this final 

rule in the Federal Register. This final 

rule is not a ‘‘major rule’’ as defined by 

5 U.S.C. 804(2). 

List of Subjects in 40 CFR Part 180 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 

Dated: September 19, 2006. 

Lois Rossi, 

Director, Registration Division, Office of 

Pesticide Programs. 

■ Therefore, 40 CFR chapter I is 

amended as follows: 

PART 180—[AMENDED] 

■ 1. The authority citation for part 180 

continues to read as follows: 

Authority: 21 U.S.C. 321(q), 346a and 371. 

■ 2. Section 180.441 is amended by 

revising the listing for milk, fat in the 

table to paragraph (a)(2) and by 

amending the table in paragraph (a)(3) 

by alphabetically adding commodities 

to read as follows: 

§ 180.441 Quizalofop ethyl; tolerances for 

residues. 

(a) * * * 

(2) * * * 

Commodity Parts per million 

* * * * * 

Milk, fat ........................... 0.25 

* * * * * 

(3) * * * 

Commodity Parts per million 

Barley, grain ................... 0.05 

Barley, hay ...................... 0.05 

Barley, straw ................... 0.05 

* * * * * 

Flax, seed ....................... 0.05 

Sunflower, seed .............. 1.9 

* * * * * 

Wheat, forage ................. 0.05 

Wheat, grain ................... 0.05 

Wheat, hay ..................... 0.05 

Wheat, straw ................... 0.05 

* * * * * 

[FR Doc. 06–8253 Filed 9–26–06; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2006–0056; FRL–8093–5] 

Bentazon, Carboxin, Dipropyl 

Isocinchomeronate, Oil of Lemongrass 

(Oil of Lemon) and Oil of Orange; 

Tolerance Actions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is revoking certain 

tolerances for the fungicide carboxin, 

the insecticide dipropyl 

isocinchomeronate, and the fungicide/ 

animal repellent oil of lemon (oil of 

lemongrass) and oil of orange. Also, 

EPA is modifying certain tolerances for 

the herbicide bentazon and the 

fungicide carboxin. In addition, EPA is 

establishing new tolerances for the 

herbicide bentazon. 

DATES: This regulation is effective 

September 27, 2006. Objections and 

requests for hearings must be received 

on or before November 27, 2006, and 

must be filed in accordance with the 


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Federal Register / Vol. 71, No. 187 / Wednesday, September 27, 2006 / Rules and Regulations 56379 

instructions provided in 40 CFR part 

178 (see also Unit I.C. of the 

SUPPLEMENTARY INFORMATION). 

ADDRESSES: EPA has established a 

docket for this action under docket 

identification (ID) number EPA–HQ–

OPP–2006–0056. All documents in the 

docket are listed in the index for the 

docket. Although listed in the index, 

some information is not publicly 

available, e.g., Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available in the electronic docket at 

http://www.regulations.gov, or, if only 

available in hard copy, at the OPP 

Regulatory Public Docket in Rm. S–

4400, One Potomac Yard (South 

Building), 2777 S. Crystal Drive, 

Arlington, VA. The Docket Facility is 

open from 8:30 a.m. to 4 p.m., Monday 

through Friday, excluding legal 

holidays. The Docket telephone number 

is (703) 305–5805. 

FOR FURTHER INFORMATION CONTACT: 

Monisha Dandridge, Special Review and 

Reregistration Division (7508P), Office 

of Pesticide Programs, Environmental 

Protection Agency, 1200 Pennsylvania 

Ave., NW., Washington, DC 20460–

0001; telephone number: (703) 308–

0410; e-mail address: 

dandridge.monisha@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this Action Apply to Me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. Potentially 

affected entities may include, but are 

not limited to: 

• Crop production (NAICS 111), e.g., 

agricultural workers; greenhouse, 

nursery, and floriculture workers; 

farmers. 

• Animal production (NAICS 112), 

e.g., cattle ranchers and farmers, dairy 

cattle farmers, livestock farmers. 

• Food manufacturing (NAICS 311), 

e.g., agricultural workers; farmers; 

greenhouse, nursery, and floriculture 

workers; ranchers; pesticide applicators. 

• Pesticide manufacturing (NAICS 

32532), e.g., agricultural workers; 

commercial applicators; farmers; 

greenhouse, nursery, and floriculture 

workers; residential users. 

This listing is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

affected by this action. Other types of 

entities not listed in this unit could also 

be affected. The North American 

Industrial Classification System 

(NAICS) codes have been provided to 

assist you and others in determining 

whether this action might apply to 

certain entities. If you have any 

questions regarding the applicability of 

this action to a particular entity, consult 

the person listed under FOR FURTHER

INFORMATION CONTACT. 

B. How Can I Access Electronic Copies 

of this Document? 

In addition to accessing an electronic 

copy of this Federal Register document 

through the electronic docket at http:// 

www.regulations.gov, you may access 

this ‘‘Federal Register’’ document 

electronically through the EPA Internet 

under the ‘‘Federal Register’’ listings at 

http://www.epa.gov/fedrgstr. You may 

also access a frequently updated 

electronic version of 40 CFR part 180 

through the Government Printing 

Office’s pilot e-CFR site at http:// 

www.gpoaccess.gov/ecfr. 

C. Can I File an Objection or Hearing 

Request? 

Under section 408(g) of the FFDCA, as 

amended by the Food Quality Protection 

Act (FQPA), any person may file an 

objection to any aspect of this regulation 

and may also request a hearing on those 

objections. The EPA procedural 

regulations which govern the 

submission of objections and requests 

for hearings appear in 40 CFR part 178. 

You must file your objection or request 

a hearing on this regulation in 

accordance with the instructions 

provided in 40 CFR part 178. To ensure 

proper receipt by EPA, you must 

identify docket ID number EPA–HQ–

OPP–2006–0056 in the subject line on 

the first page of your submission. All 

requests must be in writing, and must be 

mailed or delivered to the Hearing Clerk 

on or before November 27, 2006. 

In addition to filing an objection or 

hearing request with the Hearing Clerk 

as described in 40 CFR part 178, please 

submit a copy of the filing that does not 

contain any CBI for inclusion in the 

public docket that is described in 

ADDRESSES. Information not marked 

confidential pursuant to 40 CFR part 2 

may be disclosed publicly by EPA 

without prior notice. Submit your 

copies, identified by docket ID number 

EPA–HQ–OPP–2006–0056, by one of 

the following methods. 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

• Mail: Office of Pesticide Programs 

(OPP) Regulatory Public Docket (7502P), 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001. 

• Delivery: OPP Regulatory Public 

Docket (7502P), Environmental 

Protection Agency, Rm. S–4400, One 

Potomac Yard (South Building), 2777 S. 

Crystal Drive, Arlington, VA. Deliveries 

are only accepted during the Docket’s 

normal hours of operation (8:30 a.m. to 

4 p.m., Monday through Friday, 

excluding legal holidays). Special 

arrangements should be made for 

deliveries of boxed information. The 

Docket telephone number is (703) 305–

5805. 

II. Background 

A. What Action is the Agency Taking? 

In the Federal Register of July 14, 

2006 (71 FR 40051) (FRL–8075–4), EPA 

issued a proposed rule to revoke, 

modify, and establish certain tolerances 

and tolerance exemptions for residues of 

the herbicide bentazon, the fungicide 

carboxin, the insecticide dipropyl 

isocinchomeronate, and the fungicide/ 

animal repellent oil of lemon (oil of 

lemongrass), and oil of orange. Also, the 

proposal of July 14, 2006 (71 FR 40051) 

provided a 60–day comment period 

which invited public comment for 

consideration and for support of 

tolerance retention under the Federal 

Food, Drug, and Cosmetic Act (FFDCA) 

standards. 

EPA is revoking, modifying, and 

establishing specific tolerances for 

residues of the herbicide bentazon, the 

fungicide carboxin, the insecticide 

dipropyl isocinchomeronate, and the 

fungicide/animal repellent oil of lemon 

(oil of lemongrass) and oil of orange in 

or on commodities listed in the 

regulatory text. 

EPA is finalizing these tolerance 

actions in order to implement the 

tolerance recommendations made 

during the reregistration and tolerance 

reassessment processes (including 

follow-up on canceled or additional 

uses of pesticides). As part of the 

reregistration and when taking action on 

tolerances and exemptions, EPA is 

required to determine whether each of 

the amended tolerances or exemptions 

meets the safety standards under the 

FQPA. The safety finding determination 

of ‘‘reasonable certainty of no harm’’ is 

found in detail in each Reregistration 

Eligibility Decision (RED) and Report on 

FQPA Tolerance Reassessment Progress 

and Interim Risk Management Decision 

(TRED) for the active ingredient. REDs 

and TREDs recommend certain 

tolerance actions to be implemented to 

reflect current use patterns, to meet 

safety findings and change commodity 


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names and groupings in accordance 

with new EPA policy. Printed copies of 

REDs and TREDs may be obtained from 

EPA’s National Service Center for 

Environmental Publications (EPA/ 

NSCEP), P.O. Box 42419, Cincinnati, 

OH 45242–2419, telephone: 1–800–490–

9198; fax: 1–513–489–8695; Internet at 

http://www.epa.gov/ncepihom and from 

the National Technical Information 

Service (NTIS), 5285 Port Royal Road, 

Springfield, VA 22161, telephone: 1–

800–553–6847 or (703) 605–6000; 

internet at http://www.ntis.gov. 

Electronic copies of REDs and TREDs 

are available on the internet at http:// 

www.epa.gov/pesticides/reregistration/ 

status.htm. 

In this final rule, EPA is revoking 

certain tolerances and tolerance 

exemptions because these specific 

tolerances and exemptions correspond 

to uses no longer current or registered 

under the Federal Insecticide, 

Fungicide, and Rodenticide Act (FIFRA) 

in the United States. The tolerances 

revoked by this final rule are no longer 

necessary to cover residues of the 

relevant pesticides in or on domestically 

treated commodities or commodities 

treated outside but imported into the 

United States. It is EPA’s general 

practice to revoke those tolerances and 

tolerance exemptions for residues of 

pesticide active ingredients on crop uses 

for which there are no active 

registrations under FIFRA, unless any 

person in comments on the proposal 

indicates a need for the tolerance or 

tolerance exemption to cover residues in 

or on imported commodities or 

domestic commodities legally treated. 

EPA has historically been concerned 

that retention of tolerances that are not 

necessary to cover residues in or on 

legally treated foods may encourage 

misuse of pesticides within the United 

States. Thus, it is EPA’s policy to issue 

a final rule revoking those tolerances for 

residues of pesticide chemicals for 

which there are no active registrations 

under FIFRA, unless any person 

commenting on the proposal 

demonstrates a need for the tolerance to 

cover residues in or on imported 

commodities or domestic commodities 

legally treated. 

Generally, EPA will proceed with the 

revocation of these tolerances on the 

grounds discussed in Unit II.A. if one of 

the following conditions applies: 

1. Prior to EPA’s issuance of a section 

408(f) order requesting additional data 

or issuance of a section 408(d) or (e) 

order revoking the tolerances on other 

grounds, commenters retract the 

comment identifying a need for the 

tolerance to be retained. 

2. EPA independently verifies that the 

tolerance is no longer needed. 

3. The tolerance is not supported by 

data that demonstrate that the tolerance 

meets the requirements under FQPA. 

This final rule does not revoke those 

tolerances for which EPA received 

comments stating a need for the 

tolerance to be retained. In response to 

the proposal published in the Federal 

Register of July 14, 2006 (71 FR 40051). 

EPA received no comments during the 

60–day public comment period. 

1. Bentazon. The available residue 

data for bentazon indicate that the 

established tolerances for cowpea, 

forage; pea, dry, seed; pea, field, hay; 

soybean, forage; and soybean, hay 

should be increased to account for 

increased residue levels. Therefore, EPA 

is increasing tolerances in 40 CFR 

180.355(a)(1) for the residues of 

bentazon in or on cowpea, forage from 

3.0 to 10.0 parts per million (ppm); pea, 

dry, seed from 0.05 to 1.0 ppm; pea, 

field, hay from 3.0 to 8.0; soybean, 

forage from 3.0 to 8.0 ppm and soybean, 

hay from 0.3 to 8.0 ppm. The Agency 

has determined that the increased 

tolerances are safe; i.e., there is a 

reasonable certainty that no harm will 

result from aggregate exposure to the 

pesticide chemical residue. 

The Agency determined that the 

tolerance on pepper, nonbell should be 

decreased to 0.05 ppm, which is the 

limit of detection for bentazon residues 

of concern. Therefore, the Agency is 

decreasing the tolerances in 40 CFR 

180.355(a)(1) for the combined residues 

of bentazon and its metabolites in or on 

pepper, nonbell to 0.05 ppm. 

The processing data on rice indicate 

the residues concentrate in hulls. 

Therefore, EPA is establishing a 

tolerance in 40 CFR 180.355(a)(1) for the 

combined residues of bentazon and its 

metabolites in or on rice, hulls at 0.25 

ppm. 

In order to conform to current Agency 

policy on commodity terminology, EPA 

is modifying the tolerance in 40 CFR 

180.355(a)(1), for residues of bentazon 

in or on mint to peppermint, tops and 

spearmint, tops and maintaining the 

tolerance level at 1.0 ppm. 

2. Carboxin. According to the TRED, 

the current tolerance expression, 

‘‘combined residues of the fungicide 

carboxin (5,6-dihydro-2-methyl-1,4- 

oxathiin-3-carboxanilide) and its 

metabolite 5,6-dihydro-3-carboxanilide2-methyl-1,4-oxathiin-4-oxide 

(calculated as carboxin) (from treatment 

of seed prior to planting) in or on raw 

agricultural commodities as follows:’’ in 

40 CFR 180.301(a) should be modified. 

The residue chemistry data indicate that 

as crops mature, insoluble anilide 

complexes as well as polar metabolites 

increase. These complexes of carboxin 

or carboxin derivatives with 

macromolecules such as lignin are 

insoluble in water and organic solvents 

and liberate aniline upon hydrolysis. 

Further, analytical methods for 

detection of carboxin regulated residues 

produce aniline (convert carboxin and 

carboxin derived metabolite to aniline), 

which is determined either 

spectrophotometrically or by gas-liquid 

chromatography (GLC). Therefore, the 

residues of concern are carboxin, 

carboxin sulfoxide, and insoluble 

anilide complexes. Consequently, EPA 

is revising the tolerance expression in 

40 CFR 180.301(a) to read as follows: 

‘‘(a) General. Tolerances are established 

for the combined residues of the 

fungicide carboxin (5,6-dihydro-2- 

methyl-1,4-oxathiin-3-carboxanilide) 

and its metabolites determined as 

aniline and expressed as parent 

compound, in or on food commodities 

as follows:’’

Because bean forage, hay, and straw 

are no longer considered significant 

livestock feed stuffs and have been 

deleted from Table OPPTS 860.1000 

(available at http://www.epa.gov/

opptsfrs/OPPTS_Harmonized/ 860_

Residue_Chemistry_Test_Guidelines/

Series): the tolerances are no longer 

needed. Therefore, EPA is revoking the 

tolerances in 40 CFR 180.301(a) on 

bean, forage; bean, hay; and bean, straw. 

Carboxin has had no active 

registrations for uses on sorghum over a 

period of many years. Therefore, EPA is 

revoking the tolerances in 40 CFR 

180.301(a) for residues of carboxin in or 

on sorghum that are no longer needed; 

EPA is revoking the tolerances in 40 

CFR 180.301(a) for sorghum, forage; 

sorghum, grain; and sorghum, grain, 

stover. 

Based on the ruminant feeding study, 

the lack of residues detected on the 

poultry feedstuff produced from treated 

seeds, and the use of carboxin only as 

a fungicide on seeds indicating there is 

no propensity for residues to 

accumulate in animal tissues, the 

tolerance should be established at the 

level of quantitation of the analytical 

method of 0.05 ppm rather than the 

current tolerance level of 0.01 ppm. 

Therefore, EPA is increasing the 

tolerances in 40 CFR 180.301(a) for 

combined residues of carboxin and its 

metabolites in or on egg from 0.01 to 

0.05 ppm. The Agency has determined 

that the increased tolerances are safe; 

i.e., there is a reasonable certainty that 

no harm will result from aggregate 

exposure to the pesticide chemical 

residue. 


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Based on 14C-radiolabeled dairy cattle 

feeding data at an exaggerated 1.15x 

feeding level, milk showed combined 

carboxin residues of concern. The 14Cradiolabeled feeding study had a lower 

limit of quantitation (LOQ) than the 

enforcement method and therefore the 

tolerance should be established at the 

LOQ of the enforcement analytical 

method (0.05 ppm). Therefore, EPA is 

increasing the tolerance in 40 CFR 

180.301(a) for combined residues of 

carboxin and its metabolites in or on 

‘‘milk’’ from 0.01 to 0.05 ppm. The 

Agency has determined that the 

increased tolerances are safe; i.e., there 

is a reasonable certainty that no harm 

will result from aggregate exposure to 

the pesticide chemical residue. 

A dairy cattle feeding study 

conducted at an exaggerated (1.15x) 

feeding level, shows combined carboxin 

regulated residues were as low as 0.023 

and 0.007 ppm in meat and fat. 

Therefore, EPA is decreasing the 

tolerances in 40 CFR 180.301(a) for 

residues of carboxin in or on cattle, fat; 

cattle, meat; goat, fat; goat, meat; hog, 

fat; hog, meat; horse, fat; horse, meat; 

sheep, fat; and sheep, meat from 0.1 to 

0.05 ppm, respectively. 

In order to conform to current Agency 

practice, EPA is revising the commodity 

terminology in 40 CFR 180.301(a), for 

residues of carboxin in or on corn, 

stover to read corn, field, stover; corn, 

pop, stover and corn, sweet, stover; 

corn, forage to corn, field, forage; and, 

corn, sweet, forage; corn, fresh, 

including sweet corn, kernel plus cob 

with husks removed to read corn, sweet, 

kernel plus cob with husks removed; 

corn, grain to corn, field, grain and corn, 

pop, grain; oat, seed to read oat, grain; 

rice to rice, grain; and soybean to read 

soybean, seed. 

3. Dipropyl isocinchomeronate (MGK 

326). There have been no active 

registrations for uses associated with 

livestock or milk commodities since 

1996, such that these tolerances are no 

longer needed, and therefore EPA is 

revoking the commodity tolerances in 

40 CFR 180.143(a) for residues of 

dipropyl isocinchomeronate in or on 

cattle, fat; cattle, meat; cattle, meat 

byproducts; goat, fat; goat, meat; goat, 

meat byproducts; hog, fat; hog, meat; 

hog, meat byproducts; horse, fat; horse, 

meat; horse, meat byproducts; milk; 

sheep, fat; sheep, meat; and, sheep, meat 

byproducts. 

4. Oil of lemongrass (oil of lemon) and 

oil of orange. Oil of lemon is not a 

registered pesticide active ingredient 

nor has it ever been an active ingredient 

in any pesticide product. However, the 

Agency has determined that the 

exemptions from the requirement of a 

tolerance under 40 CFR 180.1238 apply 

to oil of lemongrass, which is a 

registered active ingredient included in 

the 1993 RED entitled Flower and 

Vegetable Oils. Oil of lemongrass and 

oil of lemon are distinct and not 

synonyms. There have been no active 

food-use registrations within the past 10 

years which contain either oil of 

lemongrass or oil of orange as pesticide 

active ingredients. Therefore, EPA is 

revoking the tolerance exemptions on 

raw agricultural commodities in 40 CFR 

180.1238 and 180.1239 for oil of lemon 

(oil of lemongrass) and oil of orange, 

respectively, when used as a postharvest 

fungicide. 

B. What is the Agency’s Authority for 

Taking this Action? 

EPA may issue a regulation 

establishing, modifying, or revoking a 

tolerance under FFDCA section 408(e). 

In this final rule, EPA is establishing, 

modifying, and revoking tolerances to 

implement the tolerance 

recommendations made during the 

reregistration and tolerance 

reassessment processes, and as followup on canceled uses of pesticides. As 

part of these processes, EPA is required 

to determine whether each of the 

amended tolerances meets the safety 

standards under the FQPA. The safety 

finding determination is found in detail 

in each RED and TRED for the active 

ingredient. REDs and TREDs 

recommend the implementation of 

certain tolerance actions, including 

modifications to reflect current use 

patterns, to meet safety findings, and 

change commodity names and 

groupings in accordance with new EPA 

policy. Printed and electronic copies of 

the REDs and TREDs are available as 

provided in Unit II.A. 

EPA has issued a post-FQPA RED for 

carboxin and dipropyl 

isocinchomeronate (MGK 326), and a 

pre-FQPA RED for bentazon, whose 

tolerances were reassessed post-FQPA 

as part of the Agency’s determination on 

March 8, 2000 (65 FR 12122) (FRL–

6492–7) to establish new bentazon uses 

and therefore a TRED to reassess its 

tolerances was not needed. Also, EPA 

has issued a TRED for oil of lemongrass 

(oil of lemon) and oil of orange, as these 

active ingredients were part of the 

Flower and Vegetable Oils pre-FQPA 

RED. REDs and TREDs contain the 

Agency’s evaluation of the data base for 

these pesticides, including statements 

regarding additional data on the active 

ingredients that may be needed to 

confirm the potential human health and 

environmental risk assessments 

associated with current product uses, 

and REDs state conditions under which 

these uses and products will be eligible 

for reregistration. The REDs and TREDs 

recommended the establishment, 

modification, and/or revocation of 

specific tolerances. RED and TRED 

recommendations such as establishing 

or modifying tolerances, and in some 

cases revoking tolerances, are the result 

of assessment under the FQPA standard 

of ‘‘reasonable certainty of no harm.’’

However, tolerance revocations 

recommended in REDs and TREDs that 

are made final in this document are 

considered reassessed by the 

determination that the tolerances are no 

longer necessary. 

EPA’s general practice is to revoke 

tolerances for residues of pesticide 

active ingredients on crops for which 

FIFRA registrations no longer exist and 

on which the pesticide may therefore no 

longer be used in the United States. EPA 

has historically been concerned that 

retention of tolerances that are not 

necessary to cover residues in or on 

legally treated foods may encourage 

misuse of pesticides within the United 

States. Nonetheless, EPA will establish 

and maintain tolerances even when 

corresponding domestic uses are 

canceled if the tolerances, which EPA 

refers to as ‘‘import tolerances,’’ are 

necessary to allow importation into the 

United States of food containing such 

pesticide residues. However, where 

there are no imported commodities that 

require these import tolerances, the 

Agency believes it is appropriate to 

revoke tolerances for unregistered 

pesticides in order to prevent potential 

misuse. 

When EPA establishes tolerances for 

pesticide residues in or on raw 

agricultural commodities, the Agency 

gives consideration to possible pesticide 

residues in meat, milk, poultry, and/or 

eggs produced by animals that are fed 

agricultural products (for example, grain 

or hay) containing pesticides residues 

(40 CFR 180.6). If there is no reasonable 

expectation of finite pesticide residues 

in or on meat, milk, poultry, or eggs, 

then tolerances do not need to be 

established for these commodities (40 

CFR 180.6(b) and 180.6 (c)). 

C. When Do These Actions Become 

Effective? 

These actions become effective on the 

date of publication of this final rule in 

the Federal Register because their 

associated uses have been canceled for 

several years. The Agency believes that 

treated commodities have had sufficient 

time for passage through the channels of 

trade. 

Any commodities listed in the 

regulatory text of this document that are 

treated with the pesticides subject to 


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56382 Federal Register / Vol. 71, No. 187 / Wednesday, September 27, 2006 / Rules and Regulations 

this final rule, and that are in the 

channels of trade following the 

tolerance revocations, shall be subject to 

FFDCA section 408(1)(5), as established 

by the FQPA. Under this section, any 

residues of these pesticides in or on 

such food shall not render the food 

adulterated so long as it is shown to the 

satisfaction of the Food and Drug 

Administration that: (1) The residue is 

present as the result of an application or 

use of the pesticide at a time and in a 

manner that was lawful under FIFRA, 

and (2) the residue does not exceed the 

level that was authorized at the time of 

the application or use to be present on 

the food under a tolerance or exemption 

from tolerance. Evidence to show that 

food was lawfully treated may include 

records that verify the dates that the 

pesticide was applied to such food. 

III. Are There Any International Trade 

Issues Raised By This Final Action? 

EPA is working to ensure that the U.S. 

tolerance reassessment program under 

FQPA does not disrupt international 

trade. EPA considers Codex Maximum 

Residue Limits (MRLs) in setting U.S. 

tolerances and in reassessing them. 

MRLs are established by the Codex 

Committee on Pesticide Residues, a 

committee within the Codex 

Alimentarius Commission, an 

international organization formed to 

promote the coordination of 

international food standards. When 

possible, EPA seeks to harmonize U.S. 

tolerances with Codex MRLs. EPA may 

establish a tolerance that is different 

from a Codex MRL; however, FFDCA 

section 408(b)(4) requires that EPA 

explain in a Federal Register document 

the reasons for departing from the 

Codex level. EPA’s effort to harmonize 

with Codex MRLs is summarized in the 

tolerance reassessment section of 

individual REDs. The U.S. EPA has 

developed guidance concerning 

submissions for import tolerance 

support (65 FR 35069, June 1, 2000) 

(FRL–6559–3). This guidance will be 

made available to interested persons. 

Electronic copies are available on the 

internet at http://www.epa.gov. On the 

Home Page select ‘‘Laws and 

Regulations,’’ then select ‘‘Regulations 

and Proposed Rules’’ and then look up 

the entry for this document under 

‘‘Federal Register—Environmental 

Documents.’’ You can also go directly to 

the ‘‘Federal Register’’ listings at http:// 

www.epa.gov/fedrgstr. 

IV. Statutory and Executive Order 

Reviews 

In this final rule EPA establishes 

tolerances under FFDCA section 408(e), 

and also modifies and revokes specific 

tolerances established under FFDCA 

section 408. The Office of Management 

and Budget (OMB) has exempted these 

types of actions (i.e., establishment and 

modification of a tolerance and 

tolerance revocation for which 

extraordinary circumstances do not 

exist) from review under Executive 

Order 12866, entitled Regulatory 

Planning and Review (58 FR 51735, 

October 4, 1993). Because this rule has 

been exempted from review under 

Executive Order 12866 due to its lack of 

significance, this rule is not subject to 

Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use (66 FR 28355, May 

22, 2001). This final rule does not 

contain any information collections 

subject to OMB approval under the 

Paperwork Reduction Act (PRA), 44 

U.S.C. 3501 et seq., or impose any 

enforceable duty or contain any 

unfunded mandate as described under 

Title II of the Unfunded Mandates 

Reform Act of 1995 (UMRA) (Public 

Law 104–4). Nor does it require any 

special considerations as required by 

Executive Order 12898, entitled Federal 

Actions to Address Environmental 

Justice in Minority Populations and 

Low-Income Populations (59 FR 7629, 

February 16, 1994); or OMB review or 

any other Agency action under 

Executive Order 13045, entitled 

Protection of Children from 

Environmental Health Risks and Safety 

Risks (62 FR 19885, April 23, 1997). 

This action does not involve any 

technical standards that would require 

Agency consideration of voluntary 

consensus standards pursuant to section 

12(d) of the National Technology 

Transfer and Advancement Act of 1995 

(NTTAA), Public Law 104–13, section 

12(d) (15 U.S.C. 272 note). Pursuant to 

the Regulatory Flexibility Act (RFA) (5 

U.S.C. 601 et seq.), the Agency 

previously assessed whether 

establishment of tolerances, exemptions 

from tolerances, raising of tolerance 

levels, expansion of exemptions, or 

revocations might significantly impact a 

substantial number of small entities and 

concluded that, as a general matter, 

these actions do not impose a significant 

economic impact on a substantial 

number of small entities. These analyses 

for tolerance establishments and 

modifications, and for tolerance 

revocations were published on May 4, 

1981 (46 FR 24950) and on December 

17, 1997 (62 FR 66020), respectively, 

and were provided to the Chief Counsel 

for Advocacy of the Small Business 

Administration. Taking into account 

this analysis, and available information 

concerning the pesticides listed in this 

rule, the Agency hereby certifies that 

this final rule will not have a significant 

economic impact on a substantial 

number of small entities. In a 

memorandum dated May 25, 2001, EPA 

determined that eight conditions must 

all be satisfied in order for an import 

tolerance or tolerance exemption 

revocation to adversely affect a 

significant number of small entity 

importers, and that there is a negligible 

joint probability of all eight conditions 

holding simultaneously with respect to 

any particular revocation (this Agency 

document is available in the docket of 

this final rule). Furthermore, for the 

pesticides named in this final rule, the 

Agency knows of no extraordinary 

circumstances that exist as to the 

present revocations that would change 

EPA’s previous analysis. In addition, the 

Agency has determined that this action 

will not have a substantial direct effect 

on States, on the relationship between 

the national government and the States, 

or on the distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132, entitled 

Federalism (64 FR 43255, August 10, 

1999). Executive Order 13132 requires 

EPA to develop an accountable process 

to ensure ‘‘meaningful and timely input 

by State and local officials in the 

development of regulatory policies that 

have federalism implications.’’ ‘‘Policies 

that have federalism implications’’ is 

defined in the Executive order to 

include regulations that have 

‘‘substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government.’’ This final rule 

directly regulates growers, food 

processors, food handlers and food 

retailers, not States. This action does not 

alter the relationships or distribution of 

power and responsibilities established 

by Congress in the preemption 

provisions of section 408(n)(4) of 

FFDCA. For these same reasons, the 

Agency has determined that this rule 

does not have any ‘‘tribal implications’’

as described in Executive Order 13175, 

entitled Consultation and Coordination 

with Indian Tribal Governments (65 FR 

67249, November 6, 2000). Executive 

Order 13175, requires EPA to develop 

an accountable process to ensure 

‘‘meaningful and timely input by tribal 

officials in the development of 

regulatory policies that have tribal 

implications.’’ ‘‘Policies that have tribal 

implications’’ is defined in the 

Executive order to include regulations 


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Federal Register / Vol. 71, No. 187 / Wednesday, September 27, 2006 / Rules and Regulations 56383 

that have ‘‘substantial direct effects on 

one or more Indian tribes, on the 

relationship between the Federal 

Government and the Indian tribes, or on 

the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes.’’ This 

rule will not have substantial direct 

effects on tribal governments, on the 

relationship between the Federal 

Government and Indian tribes, or on the 

distribution of power and 

responsibilities between the Federal 

Government and Indian tribes, as 

specified in Executive Order 13175. 

Thus, Executive Order 13175 does not 

apply to this rule. 

V. Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this rule and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of this final 

rule in the Federal Register. This final 

rule is not a ‘‘major rule’’ as defined by 

5 U.S.C. 804(2). 

List of Subjects in 40 CFR Part 180 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 

Dated: September 20, 2006. 

James Jones, 

Director, Office of Pesticide Programs. 

■ Therefore, 40 CFR part 180 is 

amended as follows: 

PART 180—[AMENDED] 

■ 1. The authority citation for part 180 

continues to read as follows: 

Authority: 21 U.S.C. 321(q), 346a and 371. 

§ 180.143 [Removed] 

■ 2. Section 180.143 is removed. 

■ 3. Section 180.301 is amended by 

revising paragraph (a) to read as follows: 

§ 180.301 Carboxin; tolerances for 

residues. 

(a) General. Tolerances are 

established for the combined residues of 

the fungicide carboxin (5,6-dihydro-2- 

methyl-1,4-oxathiin-3-carboxanilide) 

and its metabolites determined as 

aniline and expressed as parent 

compound, in or on food commodities 

as follows: 

Commodity Parts per 

million 

Barley, grain ............................. 0.2 

Barley, straw ............................. 0.2 

Bean, dry, seed ........................ 0.2 

Bean, succulent ........................ 0.2 

Canola, seed ............................ 0.03 

Cattle, fat .................................. 0.05 

Cattle, meat byproducts ........... 0.1 

Cattle, meat .............................. 0.05 

Corn, field, forage ..................... 0.2 

Corn, field, grain ....................... 0.2 

Corn, field, stover ..................... 0.2 

Corn, pop, grain ........................ 0.2 

Corn, pop, stover ...................... 0.2 

Corn, sweet, forage .................. 0.2 

Corn, sweet, kernel plus cob 

with husks removed .............. 0.2 

Corn, sweet, stover .................. 0.2 

Cotton, undelinted seed ........... 0.2 

Egg ........................................... 0.05 

Goat, fat .................................... 0.05 

Goat, meat byproducts ............. 0.1 

Goat, meat ................................ 0.05 

Hog, fat ..................................... 0.05 

Hog, meat byproducts .............. 0.1 

Hog, meat ................................. 0.05 

Horse, fat .................................. 0.05 

Horse, meat byproducts ........... 0.1 

Horse, meat .............................. 0.05 

Milk ........................................... 0.05 

Oat, forage ................................ 0.5 

Oat, grain .................................. 0.2 

Oat, straw ................................. 0.2 

Onion, bulb ............................... 0.2 

Peanut ...................................... 0.2 

Peanut, hay .............................. 0.2 

Poultry, fat ................................ 0.1 

Poultry, meat byproducts .......... 0.1 

Poultry, meat ............................ 0.1 

Rice, grain ................................ 0.2 

Rice, straw ................................ 0.2 

Safflower, seed ......................... 0.2 

Sheep, fat ................................. 0.05 

Sheep, meat byproducts .......... 0.1 

Sheep, meat ............................. 0.05 

Soybean, seed .......................... 0.2 

Wheat, forage ........................... 0.5 

Wheat, grain ............................. 0.2 

Wheat, straw ............................. 0.2 

* * * * * 

■ 4. Section 180.355 is amended by 

revising the table in paragraph (a)(1) to 

read as follows: 

§ 180.355 Bentazon; tolerances for 

residues. 

(a) General. (1) * * * 

Commodity Parts per 

million 

Bean, dry, seed ........................ 0.05 

Bean, succulent ........................ 0.5 

Corn, field, forage ..................... 3.0 

Corn, field, grain ....................... 0.05 

Corn, field, stover ..................... 3.0 

Corn, pop, grain ........................ 0.05 

Corn, sweet, kernel plus cob 

with husks removed .............. 0.05 

Commodity Parts per 

million 

Cowpea, forage ........................ 10.0 

Cowpea, hay ............................. 3.0 

Flax, seed ................................. 1.0 

Pea, dry, seed .......................... 1.0 

Pea, field, hay ........................... 8.0 

Pea, field, vines ........................ 3.0 

Pea, succulent .......................... 3.0 

Peanut ...................................... 0.05 

Peanut, hay .............................. 3.0 

Pepper, nonbell ........................ 0.05 

Peppermint, tops ...................... 1.0 

Rice, grain ................................ 0.05 

Rice, hulls ................................. 0.25 

Rice, straw ................................ 3.0 

Sorghum, forage ....................... 0.20 

Sorghum, grain ......................... 0.05 

Sorghum, grain, stover ............. 0.05 

Soybean, forage ....................... 8.0 

Soybean, hay ............................ 8.0 

Soybean, seed .......................... 0.05 

Spearmint, tops ........................ 1.0 

* * * * * 

§§ 180.1238 and 180.1239 [Removed] 

■ 5. Section 180.1238 and 180.1239 are 

removed. 

[FR Doc. 06–8255 Filed 9–26–06; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2005–0016; FRL–8085–2] 

Metconazole; Pesticide Tolerance 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes a 

tolerance for residues of metconazole in 

or on bananas. BASF Agricultural 

Products requested this tolerance under 

the Federal Food, Drug, and Cosmetic 

Act (FFDCA), as amended by the Food 

Quality Protection Act of 1996 (FQPA). 

DATES: This regulation is effective 

September 27, 2006. Objections and 

requests for hearings must be received 

on or before November 27, 2006, and 

must be filed in accordance with the 

instructions provided in 40 CFR part 

178 (see also Unit I.C. of the 

SUPPLEMENTARY INFORMATION). 

ADDRESSES: EPA has established a 

docket for this action under docket 

identification (ID) number EPA–HQ–

OPP–2005–0016. All documents in the 

docket are listed in the index for the 

docket. Although listed in the index, 

some information is not publicly 

available, e.g., Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 


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